SAJEEV @ SAJEEV KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 376 of the Indian Penal Code. He was found guilty of the said offence and was therefore convicted and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000/- with default clause of simple imprisonment for a further period of one year. It was also directed that if the fine amount was realised, the same shall be given to PW4, the victim as compensation. Set off as per law was allowed.

(2.) PW4, the victim stays along with her parents and siblings. The incident is said to have taken place on 30.06.2002. On that day, in the morning, her parents had left for work. Her younger brother had gone to graze goats and her elder sister was lying inside the house since she was tired after fetching water. By about 2.15 p.m, while PW4 was standing on the courtyard of the house attending to some household works, the accused is alleged to have come there, caught hold of her and dragged her to the nearby garden land and ravished her. When she returned home, her mother had not arrived. Her mother reached home at 5 p.m and she conveyed the information to her. Later when her father came, he was also told about the incident. The parents along with PW4 went to the Police Station and laid Ext.P4 First Information Statement. That was recorded by PW10 who registered a crime as per Ext.P4(a) First Information Report. He had sent PW4 for medical examination and she was examined by PW12 doctor who issued Ext.P13 certificate.

(3.) Investigation was taken over by PW11. He prepared Ext.P2 scene mahazar and recorded the statement of witnesses. He seized the dress alleged to have been worn by the victim as per Ext.P3 mahazar. After the arrest of the accused, he had him subjected to potency test. He obtained Ext.P6 certificate from the school where the victim had studied last. Further investigation was conducted by his successor in office who had sent the articles seized for chemical examination and obtained Ext.P12 certificate. He completed the investigation and laid charge before court.